Bill > SB268

This bill adds a new section to New Hampshire's Law Against Discrimination that permits classification of individuals based on biological sex in three specific contexts: (1) multi-person bathroom and locker room facilities, (2) athletic competitions where physical advantages related to biological sex are recognized, and (3) involuntary commitment facilities like prisons, juvenile detention centers, and mental health treatment centers. The bill defines "biological sex" as male and female biological sexes and explicitly states that such classifications do not constitute unlawful discrimination, despite the state's commitment to treating all persons with equal dignity and respect. The legislation acknowledges that while discrimination is generally prohibited, there are limited circumstances where sex-based classification serves compelling state interests of protecting privacy rights and physical safety. The new provisions clarify that no entity is required to separate persons by biological sex, but they may do so in the specified contexts without legal penalty. The bill will take effect 60 days after passage, amending existing anti-discrimination statutes to provide these specific exemptions.

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https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=1128&sy=2025&sortoption=&txtsessionyear=2025&txtbillnumber=SB268